Vietnam and the U.S. Marine Mammal Protection Act (MMPA): Compliance Status, Challenges, and Export Implications

Why MMPA Matters for Vietnam Seafood Exports?

The U.S. Marine Mammal Protection Act (MMPA) plays a critical role in regulating seafood imports into the United States. Under the MMPA Import Provisions, exporting countries must demonstrate that their fisheries management systems are comparable in effectiveness to U.S. standards in preventing the incidental killing or serious injury of marine mammals.

For Vietnam — one of the world’s leading seafood exporters — MMPA compliance directly affects market access to the United States, especially for tuna, pelagic fish, squid, and demersal fisheries. In 2025, the U.S. National Marine Fisheries Service (NMFS) issued its Final Comparability Finding Report for Vietnam, outlining both progress and remaining gaps.

Overview of Vietnam’s MMPA Comparability Finding (2025)

According to the NMFS final report, Vietnam received a partial comparability finding:

• Some export fisheries were approved as comparable

• Several fisheries were denied comparability

• Key concerns remain around bycatch monitoring and mitigation

Fisheries Approved for Export to the U.S.

NMFS determined that 11 export fisheries were comparable in effectiveness to U.S. regulations, including selected fisheries targeting:

• Tuna (handline and pole-and-line)

• Anchovies and small pelagics (purse seine)

• Octopus (pots)

• Squid (handline, purse seine, trawl)

These fisheries demonstrated lower marine mammal interaction risk or had acceptable monitoring mechanisms in place.

Fisheries Not Approved: Key Risk Factors

NMFS denied comparability for 12 export fisheries, primarily involving:

• Gillnets and entangling nets

• Trawls and mixed-gear fisheries

• Demersal and pelagic multi-species fisheries

Main Reasons for Denial

1. High-risk fishing gear

   • Gillnets pose a significant entanglement risk to small cetaceans.

2. Insufficient bycatch monitoring

   • Vessels under 12 meters are not required to use logbooks.

   • Observer coverage is limited (often 1–5%).

3. Unclear mitigation effectiveness

   • Vietnam listed mitigation measures but did not provide evidence of effectiveness on a fishery-by-fishery basis.

4. Presence of vulnerable marine mammal stocks

   • Including Irrawaddy dolphins, classified as high-risk under 16 U.S.C. §1387(f)(3).

Vietnam’s Legal Framework for Marine Mammal Protection

Vietnam has made notable progress in strengthening its legal framework:

• Decree 26/2019/ND-CP, amended by Decree 37/2024/ND-CP, strictly prohibits the intentional exploitation of endangered marine mammals.

• Marine mammals are listed under Group I – endangered, precious, and rare aquatic species.

• Violations may result in criminal prosecution under Article 244 of the Penal Code.

These legal protections satisfy the MMPA requirement prohibiting intentional killing of marine mammals during fishing operations.

Marine Mammal Bycatch Monitoring in Vietnam

Current Monitoring Tools

Vietnam employs a combination of:

• Onboard observer programs

• Fishing logbooks

• Port inspections

• Fisher interviews

However, NMFS found the system only partially compliant.

This gap is critical, as small gillnet vessels are among the highest risk for marine mammal bycatch.

Mitigation Measures: Progress but Limited Proof

Vietnam reported several mitigation efforts:

• Development of Dolphin Deterrent Devices (DDD)

• Fisher education and awareness programs

• A long-term plan to phase out ~300 tuna drift gillnet vessels

• Restrictions on licensing high-impact gear

However, NMFS concluded that:

• Installation of DDDs is not mandatory

• Effectiveness data is insufficient

• No official bycatch limits have been established for vulnerable species

As a result, mitigation outcomes remain uncertain under MMPA standards.

Impact on Vietnam Seafood Exports to the U.S.

Short-term Impact

• Only approved fisheries may export to the U.S.

• Products from denied fisheries risk import prohibition.

Long-term Implications

• Increased compliance costs

• Pressure to modernize monitoring systems

• Potential gear transitions away from gillnets

However, Vietnam’s proactive engagement with NMFS and policy reforms suggest continued improvement and future approvals.

What Vietnam Needs to Improve for Full MMPA Compliance

To achieve broader MMPA approval, Vietnam should focus on:

1. Expanding mandatory bycatch reporting to all vessel sizes

2. Increasing observer coverage in high-risk fisheries

3. Establishing science-based bycatch limits

4. Mandating and documenting mitigation tools (e.g., DDDs)

5. Aligning RFMO implementation (e.g., WCPFC measures)

References

• U.S. NOAA Fisheries – MMPA Import Provisions
  https://www.fisheries.noaa.gov/international/marine-mammal-protection-act

• FAO – Responsible Fisheries and Bycatch Reduction
  https://www.fao.org/fishery/en

• Western and Central Pacific Fisheries Commission (WCPFC)
  https://www.wcpfc.int

FAQ – Vietnam MMPA Compliance

1. Is Vietnam compliant with the U.S. MMPA?

Vietnam is partially compliant. Some export fisheries are approved, while others remain restricted due to bycatch risks and monitoring gaps.

2. Why are gillnet fisheries a problem under MMPA?

Gillnets have a high risk of entangling marine mammals, especially dolphins, and often lack adequate monitoring.

3. Can Vietnam still export seafood to the U.S.?

Yes, but only from fisheries that received a comparability finding from NMFS.

4. What marine mammals are most at risk in Vietnam?

Irrawaddy dolphins, Indo-Pacific finless porpoises, and several dolphin species are considered high-risk.

5. Will Vietnam get full MMPA approval in the future?

With stronger monitoring, mandatory mitigation, and bycatch limits, Vietnam has a strong chance of expanding approval.